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Resolution 2022-32223 RESOLUTION 2022-32223 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A PERPETUAL UTILITY EASEMENT AGREEMENT WITH SHOMA LINCOLN DEVELOPMENT LLC F/K/A SHOMA LINCOLN INVESTMENTS LLC ("OWNER" AND "GRANTOR") IN THE FORM APPROVED BY THE CITY ATTORNEY; SAID AGREEMENT GRANTING THE CITY THE RIGHT TO USE AN EASEMENT AREA HAVING APPROXIMATELY 83.1 SQUARE FEET OF OWNER'S PROPERTY, LOCATED AT 1030 15TH STREET, TO ACCESS, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE THE WATER METERS LOCATED WITHIN THE EASEMENT AREA IN CONNECTION WITH OWNER'S DEVELOPMENT OF A MULTI-FAMILY BUILDING ON OWNER'S PROPERTY; SAID EASEMENT LYING ON A PORTION OF LOT 1, BLOCK 69, OF THE PLAT OF "LINCOLN SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA. WHEREAS, Shoma Lincoln Development LLC f/k/a Shoma Lincoln Investments LLC is the ("Owner" and "Grantor") of the property located at 1030 15th Street (the "Property"), within the City's municipal jurisdiction; and WHEREAS, the Owner is developing a 43-unit, multi-family building located on the Property, and desires to grant the City ("Grantee") a perpetual utility easement, containing approximately 83.1 square feet, authorizing the City to access, install, operate, maintain, repair, replace and upgrade the water meters located within the Easement Area described in the Sketch and Legal Description, incorporated herein by reference and attached to the City Commission Memorandum accompanying this Resolution as Exhibit A; and WHEREAS, since the City is required to maintain the water infrastructure from the water main to the water meters, including the water meters located on the Property, the Administration recommends authorizing the City Manager and City Clerk to execute a Utility Easement Agreement, in the form approved by the City Attorney; said agreement granting the City authorization to access, install, operate, maintain, repair, replace and upgrade the water meters located on the Property. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the City Manager and City Clerk to execute a perpetual Utility Easement Agreement with Shoma Lincoln Development LLC f/k/a Shoma Lincoln Investments LLC ("Owner" and "Grantor") in the form approved by the City Attorney; said Agreement granting the City the right to use an Easement Area having approximately 83.1 square feet of Owner's Property, located at 1030 15th street, to access, install, operate, maintain, repair, replace and upgrade the water meters located within the Easement Area in connection with Owner's development of a multi-family building on Owner's Property; said easement lying on a portion of Lot 1, Block 69, of the Plat of "Lincoln Subdivision', as recorded in Plat Book 9, Page 69, of the Public Records of Miami-Dade County, Florida. PASSED and ADOPTED this o2° day of Jul) 2022. ATTEST: I42-21-----__ 4 Dan Gelber, Mayor JUL 2 5 2022 Raf el E. Granado, City Clerk ,1 i INCORP GRATED- cH..26 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION I 7 -- b .— Z2 City Attorney k. riDate Resolutions -C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 20, 2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A PERPETUAL UTILITY EASEMENT AGREEMENT WITH SHOMA LINCOLN DEVELOPMENT LLC F/K/A SHOMA LINCOLN INVESTMENTS LLC ("OWNER"AND "GRANTOR") IN THE FORM APPROVED BY THE CITY ATTORNEY; SAID AGREEMENT GRANTING THE CITY THE RIGHT TO USE AN EASEMENT AREA HAVING APPROXIMATELY 83.1 SQUARE FEET OF OWNER'S PROPERTY, LOCATED AT 1030 15TH STREET, TO ACCESS, INSTALL, OPERATE, MAINTAIN, REPAIR, REPLACE AND UPGRADE THE WATER METERS LOCATED WITHIN THE EASEMENT AREA IN CONNECTION WITH OWNER'S DEVELOPMENT OF A MULTI-FAMILY BUILDING ON OWNER'S PROPERTY; SAID EASEMENT LYING ON A PORTION OF LOT 1, BLOCK 69, OF THE PLAT OF "LINCOLN SUBDIVISION", AS RECORDED IN PLAT BOOK 9, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. RECOMMENDATION The Administration recommends adopting the Resolution. BACKGROUND/HISTORY Shoma Lincoln Development LLC f/k/a Shoma Lincoln Investments LLC is the ("Owner" and "Grantor")of the property located at 1030 15fh Street(the "Property"), within the City's municipal jurisdiction. The Owner is developing a 43-unit, multi-family building located on the Property, and desires to grant the City ("Grantee") a perpetual utility easement, containing approximately 83.1 square feet, authorizing the City to access, install, operate, maintain, repair, replace and upgrade the water meters located within the Easement Area described in the Sketch and Legal Description, incorporated herein by reference and attached hereto as Exhibit A. Since the City is required to maintain the water infrastructure from the water main to the water meters, and including the water meters located on the Property, the Administration recommends Page 296 of 1502 the execution of a Utility Easement Agreement, providing the City with the authorization it needs to access install, operate, maintain, repair, replace and upgrade the water meters located on the Property. SUPPORTING SURVEY DATA Results from the 2019 Resident Survey regarding Satisfaction with Perceptions of the City show that 47% of residents rated City efforts to plan for growth as very satisfied/satisfied. FINANCIAL INFORMATION No fiscal impact. CONCLUSION The Administration recommends authorizing the City Manager and City Clerk to execute a Utility Easement Agreement with Owner, in the form approved by the City Attorney; said Agreement granting the City the aforementioned Easement rights. Applicable Area South Beach Is this a "Residents Right Does this item utilize G.Q. to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Strategic Connection Environment & Infrastructure - Reduce risk from storms, high tides, groundwater, and sea level rise. Legislative Tracking Public Works ATTACHMENTS: Description ❑ Exhibit A ❑ Resolution Page 297 of 1502 SKETCH AND LEGAL DESCRIPTION 1 BY PULICE LAND SURVEYORS, INC. P 'L-S 5381 NOB HILL ROAD PL:S SUNRISE, FLORIDA 33351 TELEPHONE: (954)572-1777• E-MAIL:surveys©puticeiandsurveyors.com CERTIFICATE OF AUTHORIZATION LB#3870 LEGAL DESCRIPTION: A PORTION OF LOT 1, BLOCK 59, "LINCOLN SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 69, OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 00'00'00" WEST ALONG THE EAST LINE OF SAID LO- 1 FOR '8.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 90'00'00" WEST 8.31 EET; THENCE NORTH 00'00'00" WEST 10.00 FEET, THENCE NORTH 90'00'00" EAST 8.31 FEET TO A POINT ON SAID EAST LINE, THENCE SOUTH 00'OO'00" EAST ALONG SAID EAST LINE 10.00 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN THE CITY OF MIAMI BEACH, MIAMI—DADE COUNTY, FLORIDA AND CONTAINING 83 SQUARE FEET, MORE OR LESS.. LOT 1 EAST. E W BLOCK 69 0 �^ PLAT BOO SUBDIVISION", AG 69 Z N90°00'00"E--\I 8.31' 35' — Q UTILITY EASEMENT S00°00'00"E Z N00°00'00"W--- ------10.00' 0 I 10.00' 7 '--_P.O.B. = I S90°00'00"W-Y 1 8.31' Noncoo"w '886 LOT 1, BLOCK 93 `- '-P,O.C. "OCEAN BEACH ADDITION NO. 3" SE COMER LOT I PLAT BOOK 2, PAGE 81 70' _ LEGEND: ct CENTERLINE P.O.B. POINT OF BEGINNING NOTES: P.O.C. POINT OF COMMENCEMENT 1. THIS SKETCH IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR AN ELECTRONIC SIGNATURE AND ELECTRONIC SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE WEST RIGHT OF WAY LINE OF MICHIGAN AVENUE. BEING S00'00'00"E. 3. THIS IS NOT A SKETCH 0' SURVEY AND DCES NOT REPRESENT A FIELD SURVEY. 4. ALL RECORDED DOCUMENTS ARE PER MIAMI-DADE COUNTY RECORDS. CLIENT:SHOMA SOUTH BEACH DEVELOPMENT,LLC SCALE: 1"=20' [ DRAWN: J.M.P. ORDER NO.: 70100 ,- DATE: 6/7/22 ( ---- UTILITY EASEMENT 1OHN F. PULICE, PROFESSIONAL SURVEYOR AND MAPPER LS2691 MIAMI—DADE COUNTY, FLORIDA ❑ VICTOR R. GILBERT, PROFESSIONAL SURVEYOR AND MAPPER L55274 ❑ DONNA C. WEST PROFESSIONAL SURVEYOR AND MAPPER LS4290 `FOR: 1030,A CONDOMINIUM j P$g9TIGOR t5c'%A